Fee Increases for Overtime Services, 22887-22895 [2014-09463]
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Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules
requirements and limitations regarding
the substances permitted in post-harvest
handling. The NOP also discussed and
received feedback on this topic at a
training session for certifiers in
Portland, Oregon, in February 2011.
The draft guidance is available from
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final guidance would be available in
‘‘The Program Handbook: Guidance and
Instructions for Accredited Certifying
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organic operations with guidance and
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II. Significance of Guidance
This draft guidance document is being
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Bulletin on Agency Good Guidance
Practices (GGPs) (January 25, 2007, 72
FR 3432–3440).
The purpose of GGPs is to ensure that
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Organic Foods Production Act (OFPA),
as amended (7 U.S.C. 6501–6522), and
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copies of the draft guidance documents
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ADDRESSES section of this Notice.
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Authority: 7 U.S.C. 6501–6522.
Dated: April 21, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–09390 Filed 4–24–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 354
9 CFR Parts 97 and 130
[Docket No. APHIS–2009–0047]
Fee Increases for Overtime Services
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
We are proposing to change
the hourly rates charged for Sundays,
holidays, or other overtime work
performed by employees of the Animal
and Plant Health Inspection Service
(APHIS) for any person, firm, or
corporation having ownership, custody,
or control of regulated commodities or
articles subject to inspection, laboratory
testing, certification, or quarantine
under the regulations. We are proposing
to increase these overtime rates for each
of the fiscal years 2014 through 2018 to
reflect the anticipated costs associated
with providing these services during
each year. Establishing the overtime rate
changes in advance would allow users
of APHIS’ services to incorporate the
rates into their budget planning. We are
also proposing to clarify the regulations
to indicate that agricultural inspections
performed by the Department of
Homeland Security (DHS) may be billed
in accordance with DHS overtime
regulations for services performed
outside of regular business hours, as
DHS rates may differ from those charged
by APHIS.
DATES: We will consider all comments
that we receive on or before June 24,
2014.
SUMMARY:
You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2009-0047.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2009–0047, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
ADDRESSES:
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Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2009-0047 or
in our reading room, which is located in
room 1141 of the USDA South Building,
14th Street and Independence Avenue
SW., Washington, DC. Normal reading
room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: For
information concerning Plant Protection
and Quarantine program operations,
contact Mr. William E. Thomas, AQI
Coordinator, PPQ, APHIS, 4700 River
Road Unit 131, Riverdale, MD 20737–
1231; (301) 851–2306.
For information concerning
Veterinary Services program operations,
contact Ms. Carol Tuszynski, Director,
Planning, Finance, and Strategy Staff,
Program Support Services, VS, APHIS,
4700 River Road Unit 58, Riverdale, MD
20737–1231; (301) 851–3463.
For information concerning APHIS
user fee development, contact Ms. Kris
Caraher, Branch Chief, Review and
Analysis, Financial Management
Division, MRPBS, APHIS, 4700 River
Road Unit 55, Riverdale, MD 20737;
(301) 851–2834.
For information concerning DHS
overtime fees, contact Mrs. Kara Welty,
Chief, Debt Management Branch,
Indianapolis, CBP, DHS, 6650 Telecom
Drive Suite 100, Indianapolis, IN
46278–2010; (317) 614–4614.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR chapter III
and 9 CFR chapter I, subchapters D and
G, require inspection, laboratory testing,
certification, or quarantine of certain
animals, poultry, animal byproducts,
germ plasm, organisms, vectors, plants,
plant products, or other regulated
commodities or articles intended for
importation into, or exportation from,
the United States. With some
exceptions, which are explained below,
when these services must be provided
by an Animal and Plant Health
Inspection Service (APHIS) employee
on a Sunday or on a holiday, or at any
other time outside the APHIS
employee’s regular duty hours, the
Government charges an hourly overtime
fee for the services in accordance with
7 CFR part 354 and 9 CFR part 97.
APHIS has not adjusted the overtime
rates for inspection, laboratory testing,
certification, or quarantine services
since we published a final rule in the
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Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules
Federal Register on July 25, 2002 (67 FR
48519–48525, Docket No. 00–087–2)
that was effective on August 11, 2002.
That rule increased overtime rates
proportionate to, and as a result of,
changes to the costs associated with
providing inspection, laboratory testing,
certification, and quarantine services
outside of an employee’s normal tour of
duty and allowed for yearly increases to
the rates charged. The last of these
annual increases went into effect on
October 1, 2005. That final rule
increased overtime rates so that APHIS
could recover the costs of providing
overtime services.
Based on continuing changes to the
costs associated with providing
inspection, laboratory testing,
certification, and quarantine services, as
well as annual salary increases for
Federal employees, the current overtime
rates must be adjusted in order for
APHIS to properly recover the full cost
of providing these services. Therefore,
we are proposing to establish the hourly
overtime rates for fiscal years (FYs) 2014
through 2018; the FY 2014 rates would
become effective on the date specified
in a final rule following this proposed
rule, the FY 2015 through FY 2018 rates
would become effective on the first day
of each of the fiscal years, and the FY
2018 rates would remain in effect until
new rates were established. The
overtime rate tables in this document,
therefore, do not specify an end date for
overtime rates that would become
effective on October 1, 2017 (the
beginning of FY 2018). Establishing the
overtime rate changes in advance would
allow users of APHIS’ services to
incorporate the rates into their budget
planning. We plan to publish a notice in
the Federal Register prior to the
beginning of each fiscal year to remind
and notify the public of the overtime
rates charged for inspection, laboratory
testing, certification, and quarantine
services for that particular fiscal year.
The proposed rule would amend the
regulations by:
1. Establishing hourly overtime rates
for each of the fiscal years 2014 through
2018 that are charged to the person,
firm, or corporation having ownership,
custody, or control of plants, plant
products, animals, poultry, animal
byproducts, germ plasm, organisms,
vectors, or other regulated commodities
or articles subject to certain inspection,
laboratory testing, certification, or
quarantine, who needs the services of an
APHIS employee on a Sunday or
holiday, or at any other time outside the
employee’s regular tour of duty; and
2. Establishing hourly overtime rates
for each of the fiscal years 2014 through
2018 that are charged to an owner or
operator of an aircraft for inspection or
quarantine services provided by an
APHIS employee at an airport outside of
the regularly established hours of
service.
The overtime rates proposed in this
document are based on our review and
cost analysis of the current fees, which
indicated that increases are needed to
ensure that the fees charged are
adequate for APHIS to cover the cost of
providing these overtime services. The
cost analysis is based on our review of
data such as anticipated costs due to
increases in salaries and benefits of
Federal employees, indirect costs,
program management costs, billing and
collection service costs, Agency
overhead costs, and departmental
charges.
Overtime Rate Components
We calculated our overtime rates to
cover the full cost of providing
inspection, testing, certification, or
quarantine services at laboratories,
border ports, ocean ports, rail ports,
quarantine facilities, and airports
outside of the normal tour of duty of the
employee providing these services. The
cost of providing these services includes
direct and indirect costs. The direct
costs are an employee’s salary and
specific benefits, which are APHIS’
payment of the hospital insurance tax
and its contribution to the Federal
Insurance Contribution Act (FICA), and
the Agency’s costs for work performed
at night. The indirect costs are area
delivery costs, billing and collection
costs, program direction and support
costs, central/departmental charges, and
unfunded leave costs.
To calculate the proposed overtime
rates, we identified and projected the
direct costs in each of FYs 2014 through
2018 for each of the following four
overtime rate categories:
1. Inspection, laboratory testing,
certification, or quarantine of animals
and animal or agricultural products or
articles performed by an APHIS
employee outside of his or her normal
tour of duty on Saturdays, holidays, or
weekdays;
2. Inspection, laboratory testing,
certification, or quarantine of animals
and animal or agricultural products or
articles performed by an APHIS
employee outside of his or her normal
tour of duty on Sundays;
3. Commercial airline inspection
services performed by an APHIS
employee outside of his or her normal
tour of duty on Saturdays, holidays, or
weekdays; and
4. Commercial airline inspection
services performed by an APHIS
employee outside of his or her normal
tour of duty on Sundays.
We then identified and added the
appropriate indirect costs to the direct
costs to obtain the ‘‘raw’’ hourly
overtime rates. For each of the four
overtime rate categories, we then
rounded these raw rates up to the
nearest whole dollar to arrive at the
final hourly overtime rates. The
following tables list the direct and
indirect cost components for each of the
four overtime rate categories.
TABLE 1—PROPOSED OVERTIME RATES FOR INSPECTION, LABORATORY TESTING, CERTIFICATION, OR QUARANTINE OF
ANIMALS AND ANIMAL OR AGRICULTURAL PRODUCTS OR ARTICLES PERFORMED BY AN APHIS EMPLOYEE OUTSIDE
OF HIS OR HER NORMAL TOUR OF DUTY ON SATURDAYS, HOLIDAYS, OR WEEKDAYS
[Effective date
of final rule]–
Sept. 30, 2014
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Cost components
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
Beginning Oct.
1, 2017
$39.80
0.10
0.57
1.87
$40.00
0.10
0.57
1.88
$40.20
0.10
0.57
1.89
$40.40
0.10
0.58
1.90
$40.60
0.10
0.58
1.91
7.19
1.61
5.20
3.06
1.93
7.22
1.62
5.23
3.07
1.94
7.26
1.63
5.25
3.09
1.95
7.30
1.64
5.28
3.10
1.96
7.33
1.65
5.30
3.12
1.97
Direct cost components:
Employee’s salary .........................................................
Night differential ............................................................
Hospital insurance tax ..................................................
FICA ..............................................................................
Indirect cost components:
Area delivery .................................................................
Billing and collection .....................................................
Agency level program delivery .....................................
Agency level administrative support .............................
Central/department charges .........................................
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Federal Register / Vol. 79, No. 80 / Friday, April 25, 2014 / Proposed Rules
TABLE 1—PROPOSED OVERTIME RATES FOR INSPECTION, LABORATORY TESTING, CERTIFICATION, OR QUARANTINE OF
ANIMALS AND ANIMAL OR AGRICULTURAL PRODUCTS OR ARTICLES PERFORMED BY AN APHIS EMPLOYEE OUTSIDE
OF HIS OR HER NORMAL TOUR OF DUTY ON SATURDAYS, HOLIDAYS, OR WEEKDAYS—Continued
[Effective date
of final rule]–
Sept. 30, 2014
Cost components
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
Beginning Oct.
1, 2017
12.17
73.49
74.00
18.50
12.23
73.86
74.00
18.50
12.30
74.23
75.00
18.75
12.36
74.60
75.00
18.75
12.42
74.97
75.00
18.75
Imputed Costs ...............................................................
Hourly ‘‘raw’’ rate ..........................................................
Hourly rate rounded ......................................................
Quarter hour rate ..........................................................
TABLE 2—PROPOSED OVERTIME RATES FOR INSPECTION, LABORATORY TESTING, CERTIFICATION, OR QUARANTINE OF
ANIMALS AND ANIMAL OR AGRICULTURAL PRODUCTS OR ARTICLES PERFORMED BY AN APHIS EMPLOYEE OUTSIDE
OF HIS OR HER NORMAL TOUR OF DUTY ON SUNDAYS
[Effective date
of final rule]–
Sept. 30, 2014
Cost components
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
Beginning Oct.
1, 2017
$53.06
0.13
0.76
2.49
$53.33
0.13
0.76
2.50
$53.60
0.13
0.76
2.52
$53.86
0.13
0.77
2.53
$54.13
0.13
0.77
2.54
9.58
1.61
6.88
4.04
2.55
16.23
97.34
98.00
24.50
9.63
1.62
6.91
4.06
2.57
16.31
97.83
98.00
24.50
9.68
1.63
6.95
4.09
2.58
16.39
98.32
99.00
24.75
9.73
1.64
6.98
4.11
2.59
16.48
98.81
99.00
24.75
9.78
1.65
7.02
4.13
2.60
16.56
99.30
100.00
25.00
Direct cost components:
Employee’s salary .........................................................
Night differential ............................................................
Hospital insurance tax ..................................................
FICA ..............................................................................
Indirect cost components:
Area delivery .................................................................
Billing and collection .....................................................
Agency level program delivery .....................................
Agency level administrative support .............................
Central/department charges .........................................
Imputed Costs ...............................................................
Hourly ‘‘raw’’ rate ..........................................................
Hourly rate rounded ......................................................
Quarter hour rate ..........................................................
TABLE 3—PROPOSED OVERTIME RATES FOR COMMERCIAL AIRLINE INSPECTION SERVICES PERFORMED BY AN APHIS
EMPLOYEE OUTSIDE OF HIS OR HER NORMAL TOUR OF DUTY ON SATURDAYS, HOLIDAYS, OR WEEKDAYS
[Effective date
of final rule]–
Sept. 30, 2014
Cost components
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
Beginning Oct.
1, 2017
$39.80
0.10
0.57
1.87
$40.00
0.10
0.57
1.88
$40.20
0.10
0.57
1.89
$40.40
0.10
0.58
1.90
$40.60
0.10
0.58
1.91
7.19
1.61
12.17
63.30
64.00
16.00
7.22
1.62
12.23
63.62
64.00
16.00
7.26
1.63
12.30
63.94
64.00
16.00
7.30
1.64
12.36
64.26
65.00
16.25
7.33
1.65
12.42
64.58
65.00
16.25
Direct cost components:
Employee’s salary .........................................................
Night differential ............................................................
Hospital insurance tax ..................................................
FICA ..............................................................................
Indirect cost components:
Area delivery .................................................................
Billing and collection .....................................................
Imputed Costs ...............................................................
Hourly ‘‘raw’’ rate ..........................................................
Hourly rate rounded ......................................................
Quarter hour rate ..........................................................
TABLE 4—PROPOSED OVERTIME RATES FOR COMMERCIAL AIRLINE INSPECTION SERVICES PERFORMED BY AN APHIS
EMPLOYEE OUTSIDE OF HIS OR HER NORMAL TOUR OF DUTY ON SUNDAYS
[Effective date
of final rule]–
Sept. 30, 2014
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Cost components
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
Beginning Oct.
1, 2017
$53.06
0.13
0.76
2.49
$53.33
0.13
0.76
2.50
$53.60
0.13
0.76
2.52
$53.86
0.13
0.77
2.53
$54.13
0.13
0.77
2.54
9.58
1.61
16.23
9.63
1.62
16.31
9.68
1.63
16.39
9.73
1.64
16.48
9.78
1.65
16.56
Direct cost components:
Employee’s salary .........................................................
Night differential ............................................................
Hospital insurance tax ..................................................
FICA ..............................................................................
Indirect cost components:
Area delivery .................................................................
Billing and collection .....................................................
Imputed costs ...............................................................
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TABLE 4—PROPOSED OVERTIME RATES FOR COMMERCIAL AIRLINE INSPECTION SERVICES PERFORMED BY AN APHIS
EMPLOYEE OUTSIDE OF HIS OR HER NORMAL TOUR OF DUTY ON SUNDAYS—Continued
[Effective date
of final rule]–
Sept. 30, 2014
Cost components
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
Beginning Oct.
1, 2017
83.87
84.00
21.00
84.29
85.00
21.25
84.71
85.00
21.25
85.13
86.00
21.50
85.56
86.00
21.50
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Hourly ‘‘raw’’ rate ..........................................................
Hourly rate rounded ......................................................
Quarter hour rate ..........................................................
Direct Cost Components
Employee’s Salary. The employee’s
salary covers APHIS’ direct labor costs
for the pay an employee earns when he
or she provides inspection, laboratory
testing, certification, or quarantine
services outside of his or her normal
tour of duty. We used the estimated
weighted average salary of General
Schedule (GS)–10 step 1 at all locations
that provided these services during FY
2014 to obtain a weighted average salary
of $55,371 per year. The salary of a GS–
10 step 1 is the maximum amount at
which overtime is paid to an employee
for performing these services.
We divided the average salary of
$55,371 by 2,087 employee hours per
year to obtain the average employee’s
salary amount of $26.53 per hour during
normal tour of duty hours.
An APHIS employee is paid 1.5 times
the normal employee’s salary for
services performed outside of his or her
normal tour of duty on Saturdays,
holidays, or weekdays, and is paid twice
the normal employee’s salary for those
services performed on Sundays.
Therefore, we multiplied the average
employee’s salary of $26.53 per hour by
1.5 to obtain the FY 2014 employee’s
salary of $39.80 per hour for work
performed outside an employee’s
normal tour of duty on Saturdays,
holidays, and weekdays. We also
multiplied the average employee’s
hourly salary of $26.53 by two to obtain
the FY 2014 employee’s salary of $53.06
per hour for those services performed
outside of an employee’s normal tour of
duty on Sundays.
Night Differential. The night
differential covers the Agency’s costs for
overtime work performed by an APHIS
employee at night. This consists of the
pay earned by an employee above the
basic rate for regularly scheduled work
performed at night between 6 p.m. and
6 a.m., and includes an employee’s base
pay, compensatory time, Sunday double
time, and ‘‘over 40’’ overtime pay for
overtime work performed at night.
To obtain the night differential
portion of the overtime rates, we
estimated the percentage of total
employee salary costs attributable to the
night differential costs during FY 2014.
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The estimated night differential costs of
$13,629 are 0.24 percent of the total
average employee salary costs of
$5,582,990. This percentage was then
applied to the employee’s salary for
each overtime rate category. For
example, the night differential costs of
$0.10 per hour for FY 2014 for work
performed on a holiday, Saturday, or
weekday outside of an employee’s
normal tour of duty equals the FY 2014
employee’s salary of $39.80 per hour for
the same overtime rate category
multiplied by 0.24 percent.
Personnel Benefits. Personnel benefits
are limited to those additional benefits
that accrue to an APHIS employee as a
result of the employee performing
services specifically during overtime
periods. These benefits are the hospital
insurance tax and the FICA
contributions made by the Agency.
The hospital insurance tax and the
FICA contributions cover APHIS’ costs
for the U.S. Social Security System’s
Medicare Insurance and the U.S. Social
Security System’s Old Age, Survivor,
Death Insurance, respectively. The
hospital insurance tax is used to help
pay for an employee’s hospital services
during retirement. The Agency’s FICA
contributions help pay for an
employee’s insurance when he or she is
eligible (usually at age 62), insurance for
surviving spouses and/or children of
deceased employees, and a part of the
Social Security System’s contribution to
disability payments in certain cases.
Because the personnel benefits
portion of the overtime rates cost is
limited to the hospital insurance tax and
the FICA contributions made by the
Agency, a full-blown benefits
percentage was not applied in the same
manner that a benefits percentage would
be applied if those services were
provided during an employee’s normal
tour of duty. To obtain the costs of the
hospital insurance portion of the
overtime rates, we estimated the
percentage of total employee salary
costs attributable to the hospital
insurance tax costs in FY 2014. The
estimated hospital insurance tax costs of
$79,583 are 1.43 percent of the
estimated employee salary costs of
$5,582,991. This percentage was then
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applied to the employee’s salary for
each overtime rate category. For
example, the hospital insurance tax
amount of $0.57 per hour for FY 2014
for work performed by an employee on
Saturdays, holidays, or weekdays
outside of his or her normal tour of duty
equals the FY 2014 employee’s salary of
$39.80 per hour for the same overtime
rate category multiplied by 1.43 percent.
Similarly, to obtain the FICA portion
of the overtime rates, we estimated the
percentage of total employee salary
costs attributable to the FICA costs
during FY 2014. Estimated FICA costs of
$263,579 are 4.69 percent of the
estimated total employee salary costs of
$5,582,991 in FY 2014. This percentage
was then applied to the employee’s
salary for each overtime rate category.
For example, the FICA amount of $1.87
per hour for FY 2014 for work
performed on Saturdays, holidays, or
weekdays by an employee outside of his
or her normal tour of duty equals the FY
2014 employee’s salary of $39.80 per
hour multiplied by 4.69 percent.
Indirect Cost Components
Area Delivery. Area delivery covers
APHIS’ costs for local clerical and
administrative activities; indirect labor
hours (supervision of personnel and
time spent doing work that is not
directly connected with the services but
that is nonetheless necessary); travel
and transportation for personnel;
supplies, equipment, and other
necessary items; training; general
supplies for offices, washrooms,
cleaning, etc.; contract services (such as
guard service, maintenance, trash
pickup, etc.); grounds maintenance; and
utilities. Utilities include water,
telephone, electricity, gas, heating, and
oil. These costs are accumulated in a
distributable account and an
appropriate amount is charged to the
overtime rates account throughout the
year.
To obtain the area delivery costs
portion of the overtime rates, we
estimated the percentage of total
employee salary costs attributable to the
area delivery costs in FY 2014. The
estimated area delivery costs of
$1,008,258 are 18.06 percent of the
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estimated employee salary costs of
$5,582,991 in FY 2014. This percentage
was then applied to the employee’s
salary for each overtime rate category.
For example, the area delivery amount
of $7.19 per hour for FY 2014 for work
performed on a holiday, Saturday, or
weekday outside of an employee’s
normal tour of duty equals the estimated
FY 2014 salary of $39.80 per hour for
the same overtime rate category
multiplied by 18.06 percent.
Billings and Collections. The billings
and collections portion of the overtime
rates covers APHIS’ costs for physically
billing and collecting for services
covered by the overtime rates. Billing
costs are the costs of managing user fee
accounts for our customers. Collections
expenses include the costs of managing
customer payments and accurately
reflecting those payments in our
accounting system.
To calculate the billings and
collections portion of the overtime rates,
we estimated our billings and
collections costs for FY 2014 through
FY 2018 by identifying the specific
employees who provide billing and
collection services and estimating the
percentage of time each of those
employees will spend on user fee
billings and collections for inspection,
laboratory testing, or quarantine services
performed by an APHIS employee on a
Sunday, holiday, or any other time
outside of the employee’s normal tour of
duty. We then added related billings
and collections costs, such as credit
bureau costs, mailing costs, materials,
printing costs, and the cost of our
accounting system.
Imputed Costs. Imputed costs include
Office of Worker’s Compensation costs
from the Department of Labor; costs of
employee leave earned in a prior fiscal
year and used in the current fiscal year;
headquarters space operation and
maintenance costs; Office of Personnel
Management and State Department costs
to provide retirement, health, and life
insurance benefits to employees;
unemployment compensation costs; and
Department of Justice judgment fund
costs. Collections for the part of the fee
for imputed costs is not retained in the
reimbursable overtime account but is
forwarded to the U.S. Treasury in
accordance with the Office of
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Management and Budget (OMB)
Circular A–25, User Charges,1
Government Accountability Office
guidance, and U.S. Department of
Agriculture (USDA) Departmental
Regulations.
To calculate the imputed costs
portion of the overtime rates, we
estimated the reimbursable overtime’s
portion of the FY 2014 APHIS imputed
costs. The estimated imputed costs of
$1,707,714 are 30.59 percent of the
estimated employee salary costs of
$5,582,991. This percentage was then
applied to the employee’s salary for
each overtime rate category. For
example, the imputed costs amount of
$12.17 per hour for FY 2014 for work
performed on a holiday, Saturday, or
weekday outside of an employee’s
normal tour of duty equals the estimated
FY 2014 salary of $39.80 per hour for
the same overtime rate category
multiplied by 30.59 percent.
Agency Level Program Delivery.
Agency level program delivery costs are
management support costs the APHIS
programs incur at APHIS’ headquarters
and includes the costs of management
support staffs; planning, finance and
strategy work; program directors’
offices; and program regional offices.
We used the APHIS standard overhead
rate of 10.17 percent to calculate this
cost component for the appropriate
reimbursable overtime rates.
Agency Level Administrative Support.
Agency level administrative support
includes the pro-rata share of the costs
of certain Agency activities, including
budget and accounting services,
regulatory and legal services,
Administrator’s office costs, personnel
services, public information services,
and liaison with Congress. We used the
APHIS standard agency support costs
rate of 5.98 percent to calculate this cost
component for the appropriate
reimbursable overtime rates.
Central/Departmental Charges. This
component includes APHIS’ share,
expressed as a percentage of the total
cost, of services provided centrally by
the USDA. Services that the USDA
provides centrally include the Federal
Telephone Service, mail, National
1 OMB Circular A–25, User Charges is available
on the Internet at https://www.whitehouse.gov/omb/
circulars_a025.
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Finance Center processing of payroll
and other money management,
unemployment compensation, Office of
Workers Compensation Programs, and
central supply for storing and issuing
commonly used supplies and USDA
forms. The USDA notifies APHIS how
much the Agency owes for these
services. We have included a pro-rata
share of these USDA charges that is
attributable to overtime services of 3.25
percent for the calculation of the
appropriate reimbursable overtime rates.
Costs for Agency level program
delivery, agency level administrative
support, and central/departmental
charges are not included in our
calculations for commercial airline
inspection services performed by an
APHIS employee outside of his or her
normal tour of duty on Saturdays,
holidays, weekdays, or Sundays. Those
inspections are administered under the
Airport and Airway Development Act of
1970, which limits the rate to be
charged after normal tour of duty hours
to only the cost actually incurred in
performing the inspection, and includes
the cost of employee salary, benefits,
night differential, hospital insurance
tax, FICA, area delivery, billing and
collection, and unfunded leave costs
only.
As is the case with all APHIS user
fees, we intend to review, at least
annually, the activities, programs, and
fee assumptions for the user fees
proposed in this document. We will
publish any necessary adjustments in
the Federal Register.
Hourly Overtime Rates
The regulations in 7 CFR 354.1(a)(1)
and 9 CFR 97.1(a) contain the hourly
overtime rates charged to any person,
firm, or corporation having ownership,
custody, or control of animals, poultry,
animal byproducts, germ plasm,
organisms, vectors, plants, plant
products, or other regulated
commodities subject to inspection,
laboratory testing, certification, or
quarantine under the regulations. We
are proposing to amend 7 CFR
354.1(a)(1) and 9 CFR 97.1(a) to reflect
the hourly overtime rates that would be
charged for fiscal years 2014 through
2018. The table below shows the current
and proposed hourly overtime rates.
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TABLE 5—CURRENT AND PROPOSED OVERTIME RATES
[Per Hour]
Outside
employee’s
normal tour of
duty
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Inspection, testing, certification, or
quarantine of
animals and
animal or agricultural
products.
Commercial airline inspection services.
Fiscal year
Current rate
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
Beginning
Oct. 1, 2017
Monday–Saturday and holidays.
Sundays ..........
$51
67
$74
98
$74
98
$75
99
$75
99
$75
100
Monday–Saturday and holidays.
Sundays ..........
41
64
64
64
65
65
55
84
85
85
86
86
These changes to the hourly overtime
rates are the only substantive changes
this proposed rule would make to the
regulations in 7 CFR 354.1(a)(1) and 9
CFR 97.1(a) regarding overtime rates.
Other provisions of the overtime rates
for inspection, laboratory testing,
certification, and quarantine services
performed outside of an employee’s
normal tour of duty would continue to
apply if these proposed overtime rates
were made effective.
In addition to those overtime fees
described above, APHIS also charges
user fees for certain other services. The
regulations in 7 CFR part 354 and 9 CFR
part 130 set out user fees for other
inspection and quarantine services
provided by APHIS for the import and
export of plants, plant products,
animals, animal byproducts, or other
regulated commodities or articles. The
user fees would not be affected by the
overtime rate changes proposed in this
rule. However, users who request
import- or export-related services that
are covered by flat rate user fees on a
Sunday, holiday, or any time outside of
an employee’s normal tour of duty, and
who are subject to the overtime rates set
forth in 7 CFR 354.1 or 9 CFR 97.1,
would be charged the hourly overtime
rate changes proposed in this rule, in
addition to the flat rate user fees. The
overtime rates charged to users who
request flat rate user fee services are set
out in the table in 9 CFR 130.50(b)(3)(i).
We would, therefore, amend the table in
§ 130.50(b)(3)(i) to reflect the overtime
rates in proposed 7 CFR 354.1 and 9
CFR 97.1.
Department of Homeland Security
Inspection Overtime Fees
We are also proposing to include
language in 7 CFR 354.1, 9 CFR 97.1,
and 9 CFR 130.50 to clarify that any
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agricultural inspection performed by an
employee of the Department of
Homeland Security (DHS) Bureau of
Customs and Border Protection on a
Sunday, holiday, or anytime outside of
the employee’s normal tour of duty may
be billed in accordance with the
regulations in 5 CFR part 551, 7 CFR
354.1, 9 CFR 97.1, 9 CFR 130.50, or 19
CFR 24.16. This action is necessary
because the costs associated with such
DHS inspections may differ from those
incurred by APHIS, therefore, varying
overtime charges may apply in such
circumstances in order for DHS to
properly recover costs and adequately
fund program operations.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed rule is subject to
Executive Order 12866. However, for
this action, the Office of Management
and Budget has waived its review under
Executive Order 12866.
We have prepared an initial
regulatory flexibility analysis that
examines the potential economic effects
of this proposed rule on small entities,
as required by the Regulatory Flexibility
Act. The economic analysis is
summarized below. Copies of the full
analysis are available by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT or on the
Regulations.gov Web site (see
ADDRESSES above for instructions for
accessing Regulations.gov).
Based on the information we have,
there is no reason to conclude that
adoption of this proposed rule would
result in any significant economic effect
on a substantial number of small
entities. However, we do not currently
have all of the data necessary for a
comprehensive analysis of the effects of
this proposed rule on small entities.
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Therefore, we are inviting comments on
potential effects. In particular, we are
interested in determining the number
and kind of small entities that may
incur benefits or costs from the
implementation of this proposed rule.
APHIS charges hourly overtime rates
to individuals, firms, and corporations
requesting inspection, testing,
certification, or quarantine services at
laboratories, border ports, ocean ports,
rail ports, quarantine facilities, and
airports outside of the regularly
established hours of service. These
overtime rates are charged to the
individuals, firms, or corporations
requesting the services, and the fees
vary depending on the type of service
performed and when the service is
provided. This proposed rule would
amend the user fees for reimbursable
overtime user fees to reflect increases in
costs associated with providing these
services.
APHIS is updating these fees to take
into account the routine increases in the
cost of conducting business during
overtime hours. The cost to the import/
export program to provide these services
has increased year to year, and these
proposed increases are necessary to
more accurately provide the full cost
recovery of this Agency activity.
Currently, APHIS charges $51 per
hour per employee for work other than
inspection of a commercial aircraft
outside the employee’s regular tour of
duty, and $67 per hour per employee for
work other than inspection of a
commercial aircraft that is performed on
Sundays outside the employee’s regular
tour of duty. APHIS charges $55 per
hour per employee for inspection of a
commercial aircraft performed outside
of the employee’s normal tour of duty
on a Sunday, and $41 per hour per
employee for inspection of a
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commercial aircraft performed outside
of the regularly established hours of
service on a holiday or any other period.
This proposed rule change would
establish hourly overtime rates for each
of the fiscal years 2014 through 2018.
These rates would increase over a 5-year
period by $24 for regular work other
than inspection of a commercial aircraft,
by $33 for Sunday work other than
inspection of a commercial aircraft, by
$24 for regular inspection of a
commercial aircraft, and by $31 for
Sunday inspection of a commercial
aircraft.
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. If this proposed rule is
adopted: (1) No retroactive effect will be
given to this rule; and (2) administrative
proceedings will not be required before
parties may file suit in court challenging
this rule.
Paperwork Reduction Act
This proposed rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects
c. By revising the table in paragraph
(a)(1)(iii).
■ d. In paragraph (a)(2), by removing the
word ‘‘A’’ in the first sentence and
adding the words ‘‘Except as provided
in paragraph (a)(3) of this section, a’’ in
its place.
■ e. By adding paragraph (a)(3).
■ f. In paragraphs (a)(2), (b), (d)(1),
(d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(4),
and (f), by adding the words ‘‘or U.S.
Customs and Border Protection’’ after
the words ‘‘Animal and Plant Health
Inspection Service’’ each time they
appear.
The addition and revisions read as
follows:
■
7 CFR Part 354
Animal diseases, Exports,
Government employees, Imports, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Travel and transportation
expenses.
9 CFR Part 97
Exports, Government employees,
Imports, Livestock, Poultry and poultry
products, Travel and transportation
expenses.
9 CFR Part 130
Animals, Birds, Diagnostic reagents,
Exports, Imports, Poultry and poultry
products, Quarantine, Reporting and
recordkeeping requirements, Tests.
Accordingly, we propose to amend 7
CFR part 354 and 9 CFR parts 97 and
130 as follows:
Title 7
PART 354—OVERTIME SERVICES
RELATING TO IMPORTS AND
EXPORTS; AND USER FEES
1. The authority citation for part 354
continues to read as follows:
■
Authority: 7 U.S.C. 7701–7772, 7781–
7786, and 8301–8317; 21 U.S.C. 136 and
136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and
371.3.
2. Section 354.1 is amended as
follows:
■ a. By revising paragraph (a)(1)
introductory text, including the table.
■ b. In paragraph (a)(1)(i), by removing
the words ‘‘the Customs Service,
Immigration and Naturalization
Service’’ and adding the words ‘‘U.S.
Customs and Border Protection’’ in their
place.
■
§ 354.1 Overtime work at border ports, sea
ports, and airports.
(a)(1) Any person, firm, or corporation
having ownership, custody, or control of
plants, plant products, animals, animal
byproducts, or other commodities or
articles subject to inspection, laboratory
testing, certification, or quarantine
under this chapter and subchapter D of
chapter I, title 9 CFR, who requires the
services of an employee of the Animal
and Plant Health Inspection Service or
U.S. Customs and Border Protection on
a Sunday or holiday, or at any other
time outside the regular tour of duty of
that employee, shall sufficiently in
advance of the period of Sunday,
holiday, or overtime service request the
Animal and Plant Health Inspection
Service or U.S. Customs and Border
Protection inspector in charge to furnish
the service during the overtime or
Sunday or holiday period, and shall pay
the Government at the rate listed in the
following table, except as provided in
paragraphs (a)(1)(i), (ii), and (iii), and
(a)(3) of this section:
OVERTIME FOR INSPECTION, LABORATORY TESTING, CERTIFICATION, OR QUARANTINE OF PLANT, PLANT PRODUCTS,
ANIMALS, ANIMAL PRODUCTS OR OTHER REGULATED COMMODITIES
Overtime rates (per hour)
Outside the employee’s normal tour of duty
[Effective date
of final rule]–
Sept. 30, 2014
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
$74
98
$74
98
$75
99
$75
99
Monday through Saturday and holidays ..............................
Sundays ...............................................................................
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*
*
*
*
*
Beginning
Oct. 1, 2017
$75
100
(iii) * * *
OVERTIME FOR COMMERCIAL AIRLINE INSPECTION SERVICES 1
Overtime rates (per hour)
Outside the employee’s normal tour of duty
[Effective date
of final rule]–
Sept. 30, 2014
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
$64
$64
$64
$65
Monday through Saturday and holidays ..............................
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25APP1
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Oct. 1, 2017
$65
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OVERTIME FOR COMMERCIAL AIRLINE INSPECTION SERVICES 1—Continued
Overtime rates (per hour)
Outside the employee’s normal tour of duty
[Effective date
of final rule]–
Sept. 30, 2014
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
84
85
85
86
Sundays ...............................................................................
1 These
Beginning
Oct. 1, 2017
86
charges exclude administrative overhead costs.
*
*
*
*
*
(3) The overtime rate and all other
charges, including minimum and
commute compensation charges, to be
billed for services provided by an
employee of U.S. Customs and Border
Protection shall be established and
charged according to the provisions of
this section, 5 CFR part 551, or 19 CFR
24.16.
*
*
*
*
*
Title 9
PART 97—OVERTIME SERVICES
RELATING TO IMPORTS AND
EXPORTS
3. The authority citation for part 97
continues to read as follows:
■
commodities or articles subject to
inspection, laboratory testing,
certification, or quarantine under this
subchapter and subchapter G of this
chapter, and who requires the services
of an employee of the Animal and Plant
Health Inspection Service or U.S.
Customs and Border Protection on a
Sunday or holiday, or at any other time
outside the regular tour of duty of the
employee, shall sufficiently in advance
of the period of Sunday, holiday, or
overtime service request the Animal and
Plant Health Inspection Service or U.S.
Customs and Border Protection
inspector in charge to furnish the
service and shall pay the Government at
the rate listed in the following table,
except as provided in paragraphs (a)(1),
(a)(2), (a)(3), and (a)(4) of this section:
b. In paragraph (a)(1), by removing the
words ‘‘the Customs Service,
Immigration and Naturalization
Service’’ and adding the words ‘‘U.S.
Customs and Border Protection’’ in their
place.
■ c. By revising the table in paragraph
(a)(3).
■ d. By adding paragraph (a)(4).
■ e. In paragraphs (a) introductory text,
(b), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1),
(e)(2), (e)(4), and (f), by adding the
words ‘‘or U.S. Customs and Border
Protection’’ after the words ‘‘Animal
and Plant Health Inspection Service’’
each time they appear.
The addition and revisions read as
follows:
■
Authority: 7 U.S.C. 8301–8317; 49 U.S.C.
80503; 7 CFR 2.22, 2.80, and 371.4.
§ 97.1 Overtime work at laboratories,
border ports, ocean ports, and airports.1
4. Section 97.1 is amended as follows:
a. By revising paragraph (a)
introductory text, including the table.
(a) Any person, firm, or corporation
having ownership, custody, or control of
animals, animal byproducts, or other
■
■
OVERTIME FOR INSPECTION, LABORATORY TESTING, CERTIFICATION, OR QUARANTINE OF PLANT, PLANT PRODUCTS,
ANIMALS, ANIMAL PRODUCTS OR OTHER REGULATED COMMODITIES
Overtime rates (per hour)
Outside the employee’s normal tour of duty
[Effective date
of final rule]–
Sept. 30, 2014
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
$74
98
$74
98
$75
99
$75
99
Monday through Saturday and holidays ..............................
Sundays ...............................................................................
*
*
*
*
*
Beginning
Oct. 1, 2017
$75
100
(3) * * *
OVERTIME FOR COMMERCIAL AIRLINE INSPECTION SERVICES 1
Overtime rates (per hour)
Outside the employee’s normal tour of duty
[Effective date
of final rule]–
Sept. 30, 2014
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
$64
84
$64
85
$64
85
$65
86
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Monday through Saturday and holidays ..............................
Sundays ...............................................................................
1 These
Beginning
Oct. 1, 2017
$65
86
charges exclude administrative overhead costs.
*
*
*
*
*
(4) The overtime rate and all other
charges, including minimum and
commute compensation charges, to be
billed for services provided by an
employee of U.S. Customs and Border
Protection shall be established and
charged according to the provisions of
1 For designated ports of entry for certain animals,
animal semen, poultry, and hatching eggs, see
§§ 93.102, 93.203, 93.303, 93.403, 93.503, 93.703,
and 93.805 of this chapter. For designated ports of
entry for certain purebred animals see §§ 151.1
through 151.3 of this chapter.
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this section, 5 CFR part 551, or 19 CFR
24.16.
*
*
*
*
*
PART 130—USER FEES
5. The authority citation for part 130
continues to read as follows:
■
Authority: 5 U.S.C. 5542; 7 U.S.C. 1622
and 8301–8317; 21 U.S.C. 136 and 136a; 31
U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7
CFR 2.22, 2.80, and 371.4.
c. By adding paragraph (b)(3)(iii).
The addition and revision read as
follows:
■
6. Section 130.50 is amended as
follows:
■ a. In paragraph (b)(3) introductory
text, by removing the words ‘‘or (ii)’’
and adding the words ‘‘, (ii), or (iii)’’ in
their place.
■ b. By revising the table in paragraph
(b)(3)(i).
■
§ 130.50
Payment of user fees.
*
*
*
*
*
*
(b) * *
(3) * *
(i) * *
*
*
OVERTIME FOR FLAT RATE USER FEES 1 2
Outside of the
employee’s
normal tour of
duty
Rate for inspection, testing, certification or quarantine of animals,
animal products or other commodities.3
Rate for commercial airline inspection
services.4
Overtime rates (per hour)
[Effective date
of final rule]–
Sept. 30, 2014
Oct. 1, 2014–
Sept. 30, 2015
Oct. 1, 2015–
Sept. 30, 2016
Oct. 1, 2016–
Sept. 30, 2017
Monday–Saturday
and holidays.
Sundays ...............
$74
98
$74
98
$75
99
$75
99
$75
100
Monday–Saturday
and holidays.
Sundays ...............
64
64
64
65
65
84
85
85
86
86
Beginning
Oct. 1, 2017
1 Minimum
charge of 2 hours, unless performed on the employee’s regular workday and performed in direct continuation of the regular workday
or begun within an hour of the regular workday.
2 When the 2-hour minimum applies, you may need to pay commuted travel time. (See § 97.1(b) of this chapter for specific information about
commuted travel time.)
3 See § 97.1(a) of this chapter or 7 CFR 354.3 for details.
4 See § 97.1(a)(3) of this chapter for details.
*
*
*
*
*
(iii) For information on rules
pertaining to the charges associated
with employees of U.S. Customs and
Border Protection performing
agricultural inspection services, please
see 7 CFR 354.1 and 9 CFR 97.1.
*
*
*
*
*
Done in Washington, DC, this 21st day of
April 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2014–09463 Filed 4–24–14; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 354
[Docket No. APHIS–2013–0021]
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RIN 0579–AD77
User Fees for Agricultural Quarantine
and Inspection Services
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
We are proposing to amend
the user fee regulations by adding new
fee categories and adjusting current fees
charged for certain agricultural
SUMMARY:
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quarantine and inspection services that
are provided in connection with certain
commercial vessels, commercial trucks,
commercial railroad cars, commercial
aircraft, and international passengers
arriving at ports in the customs territory
of the United States. We are also
proposing to adjust or remove the fee
caps associated with commercial trucks,
commercial vessels, and commercial
railcars. We have determined that
revised user fee categories and revised
user fees are necessary to recover the
costs of the current level of activity, to
account for actual and projected
increases in the cost of doing business,
and to more accurately align fees with
the costs associated with each fee
service.
DATES: We will consider all comments
that we receive on or before June 24,
2014.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2013-0021.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2013–0021, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
#!docketDetail;D=APHIS-2013-0021 or
in our reading room, which is located in
room 1141 of the USDA South Building,
14th Street and Independence Avenue
SW., Washington, DC. Normal reading
room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: For
information concerning program
operations, contact Mr. William E.
Thomas, Senior Agriculturist, Office of
the Deputy Administrator, PPQ, APHIS,
4700 River Road Unit 130, Riverdale,
MD 20737 1231; (301) 851–2306. For
information concerning rate
development, contact Mr. Michael
Peranio, Chief, User Fees, Financial
Services Branch, FMD, MRPBS, APHIS,
4700 River Road Unit 55, Riverdale, MD
20737; (301) 851–2852.
SUPPLEMENTARY INFORMATION:
Background
Section 2509(a) of the Food,
Agriculture, Conservation, and Trade
(FACT) Act of 1990 (21 U.S.C. 136a)
authorizes the Animal and Plant Health
Inspection Service (APHIS) to collect
user fees for certain agricultural
quarantine and inspection (AQI)
services. The FACT Act was amended
on April 4, 1996, and May 13, 2002.
The FACT Act, as amended,
authorizes APHIS to collect user fees for
E:\FR\FM\25APP1.SGM
25APP1
]]>Agencies
[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Proposed Rules]
[Pages 22887-22895]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09463]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 354
9 CFR Parts 97 and 130
[Docket No. APHIS-2009-0047]
Fee Increases for Overtime Services
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to change the hourly rates charged for
Sundays, holidays, or other overtime work performed by employees of the
Animal and Plant Health Inspection Service (APHIS) for any person,
firm, or corporation having ownership, custody, or control of regulated
commodities or articles subject to inspection, laboratory testing,
certification, or quarantine under the regulations. We are proposing to
increase these overtime rates for each of the fiscal years 2014 through
2018 to reflect the anticipated costs associated with providing these
services during each year. Establishing the overtime rate changes in
advance would allow users of APHIS' services to incorporate the rates
into their budget planning. We are also proposing to clarify the
regulations to indicate that agricultural inspections performed by the
Department of Homeland Security (DHS) may be billed in accordance with
DHS overtime regulations for services performed outside of regular
business hours, as DHS rates may differ from those charged by APHIS.
DATES: We will consider all comments that we receive on or before June
24, 2014.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2009-0047.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2009-0047, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at https://www.regulations.gov/#!docketDetail;D=APHIS-2009-
0047 or in our reading room, which is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: For information concerning Plant
Protection and Quarantine program operations, contact Mr. William E.
Thomas, AQI Coordinator, PPQ, APHIS, 4700 River Road Unit 131,
Riverdale, MD 20737-1231; (301) 851-2306.
For information concerning Veterinary Services program operations,
contact Ms. Carol Tuszynski, Director, Planning, Finance, and Strategy
Staff, Program Support Services, VS, APHIS, 4700 River Road Unit 58,
Riverdale, MD 20737-1231; (301) 851-3463.
For information concerning APHIS user fee development, contact Ms.
Kris Caraher, Branch Chief, Review and Analysis, Financial Management
Division, MRPBS, APHIS, 4700 River Road Unit 55, Riverdale, MD 20737;
(301) 851-2834.
For information concerning DHS overtime fees, contact Mrs. Kara
Welty, Chief, Debt Management Branch, Indianapolis, CBP, DHS, 6650
Telecom Drive Suite 100, Indianapolis, IN 46278-2010; (317) 614-4614.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR chapter III and 9 CFR chapter I,
subchapters D and G, require inspection, laboratory testing,
certification, or quarantine of certain animals, poultry, animal
byproducts, germ plasm, organisms, vectors, plants, plant products, or
other regulated commodities or articles intended for importation into,
or exportation from, the United States. With some exceptions, which are
explained below, when these services must be provided by an Animal and
Plant Health Inspection Service (APHIS) employee on a Sunday or on a
holiday, or at any other time outside the APHIS employee's regular duty
hours, the Government charges an hourly overtime fee for the services
in accordance with 7 CFR part 354 and 9 CFR part 97.
APHIS has not adjusted the overtime rates for inspection,
laboratory testing, certification, or quarantine services since we
published a final rule in the
[[Page 22888]]
Federal Register on July 25, 2002 (67 FR 48519-48525, Docket No. 00-
087-2) that was effective on August 11, 2002. That rule increased
overtime rates proportionate to, and as a result of, changes to the
costs associated with providing inspection, laboratory testing,
certification, and quarantine services outside of an employee's normal
tour of duty and allowed for yearly increases to the rates charged. The
last of these annual increases went into effect on October 1, 2005.
That final rule increased overtime rates so that APHIS could recover
the costs of providing overtime services.
Based on continuing changes to the costs associated with providing
inspection, laboratory testing, certification, and quarantine services,
as well as annual salary increases for Federal employees, the current
overtime rates must be adjusted in order for APHIS to properly recover
the full cost of providing these services. Therefore, we are proposing
to establish the hourly overtime rates for fiscal years (FYs) 2014
through 2018; the FY 2014 rates would become effective on the date
specified in a final rule following this proposed rule, the FY 2015
through FY 2018 rates would become effective on the first day of each
of the fiscal years, and the FY 2018 rates would remain in effect until
new rates were established. The overtime rate tables in this document,
therefore, do not specify an end date for overtime rates that would
become effective on October 1, 2017 (the beginning of FY 2018).
Establishing the overtime rate changes in advance would allow users of
APHIS' services to incorporate the rates into their budget planning. We
plan to publish a notice in the Federal Register prior to the beginning
of each fiscal year to remind and notify the public of the overtime
rates charged for inspection, laboratory testing, certification, and
quarantine services for that particular fiscal year.
The proposed rule would amend the regulations by:
1. Establishing hourly overtime rates for each of the fiscal years
2014 through 2018 that are charged to the person, firm, or corporation
having ownership, custody, or control of plants, plant products,
animals, poultry, animal byproducts, germ plasm, organisms, vectors, or
other regulated commodities or articles subject to certain inspection,
laboratory testing, certification, or quarantine, who needs the
services of an APHIS employee on a Sunday or holiday, or at any other
time outside the employee's regular tour of duty; and
2. Establishing hourly overtime rates for each of the fiscal years
2014 through 2018 that are charged to an owner or operator of an
aircraft for inspection or quarantine services provided by an APHIS
employee at an airport outside of the regularly established hours of
service.
The overtime rates proposed in this document are based on our
review and cost analysis of the current fees, which indicated that
increases are needed to ensure that the fees charged are adequate for
APHIS to cover the cost of providing these overtime services. The cost
analysis is based on our review of data such as anticipated costs due
to increases in salaries and benefits of Federal employees, indirect
costs, program management costs, billing and collection service costs,
Agency overhead costs, and departmental charges.
Overtime Rate Components
We calculated our overtime rates to cover the full cost of
providing inspection, testing, certification, or quarantine services at
laboratories, border ports, ocean ports, rail ports, quarantine
facilities, and airports outside of the normal tour of duty of the
employee providing these services. The cost of providing these services
includes direct and indirect costs. The direct costs are an employee's
salary and specific benefits, which are APHIS' payment of the hospital
insurance tax and its contribution to the Federal Insurance
Contribution Act (FICA), and the Agency's costs for work performed at
night. The indirect costs are area delivery costs, billing and
collection costs, program direction and support costs, central/
departmental charges, and unfunded leave costs.
To calculate the proposed overtime rates, we identified and
projected the direct costs in each of FYs 2014 through 2018 for each of
the following four overtime rate categories:
1. Inspection, laboratory testing, certification, or quarantine of
animals and animal or agricultural products or articles performed by an
APHIS employee outside of his or her normal tour of duty on Saturdays,
holidays, or weekdays;
2. Inspection, laboratory testing, certification, or quarantine of
animals and animal or agricultural products or articles performed by an
APHIS employee outside of his or her normal tour of duty on Sundays;
3. Commercial airline inspection services performed by an APHIS
employee outside of his or her normal tour of duty on Saturdays,
holidays, or weekdays; and
4. Commercial airline inspection services performed by an APHIS
employee outside of his or her normal tour of duty on Sundays.
We then identified and added the appropriate indirect costs to the
direct costs to obtain the ``raw'' hourly overtime rates. For each of
the four overtime rate categories, we then rounded these raw rates up
to the nearest whole dollar to arrive at the final hourly overtime
rates. The following tables list the direct and indirect cost
components for each of the four overtime rate categories.
Table 1--Proposed Overtime Rates for Inspection, Laboratory Testing, Certification, or Quarantine of Animals and
Animal or Agricultural Products or Articles Performed by an APHIS Employee Outside of His or Her Normal Tour of
Duty on Saturdays, Holidays, or Weekdays
----------------------------------------------------------------------------------------------------------------
[Effective
date of final Oct. 1, 2014- Oct. 1, 2015- Oct. 1, 2016- Beginning Oct.
Cost components rule]-Sept. Sept. 30, 2015 Sept. 30, 2016 Sept. 30, 2017 1, 2017
30, 2014
----------------------------------------------------------------------------------------------------------------
Direct cost components:
Employee's salary........... $39.80 $40.00 $40.20 $40.40 $40.60
Night differential.......... 0.10 0.10 0.10 0.10 0.10
Hospital insurance tax...... 0.57 0.57 0.57 0.58 0.58
FICA........................ 1.87 1.88 1.89 1.90 1.91
Indirect cost components:
Area delivery............... 7.19 7.22 7.26 7.30 7.33
Billing and collection...... 1.61 1.62 1.63 1.64 1.65
Agency level program 5.20 5.23 5.25 5.28 5.30
delivery...................
Agency level administrative 3.06 3.07 3.09 3.10 3.12
support....................
Central/department charges.. 1.93 1.94 1.95 1.96 1.97
[[Page 22889]]
Imputed Costs............... 12.17 12.23 12.30 12.36 12.42
Hourly ``raw'' rate......... 73.49 73.86 74.23 74.60 74.97
Hourly rate rounded......... 74.00 74.00 75.00 75.00 75.00
Quarter hour rate........... 18.50 18.50 18.75 18.75 18.75
----------------------------------------------------------------------------------------------------------------
Table 2--Proposed Overtime Rates for Inspection, Laboratory Testing, Certification, or Quarantine of Animals and
Animal or Agricultural Products or Articles Performed by an APHIS Employee Outside of His or Her Normal Tour of
Duty on Sundays
----------------------------------------------------------------------------------------------------------------
[Effective
date of final Oct. 1, 2014- Oct. 1, 2015- Oct. 1, 2016- Beginning Oct.
Cost components rule]-Sept. Sept. 30, 2015 Sept. 30, 2016 Sept. 30, 2017 1, 2017
30, 2014
----------------------------------------------------------------------------------------------------------------
Direct cost components:
Employee's salary........... $53.06 $53.33 $53.60 $53.86 $54.13
Night differential.......... 0.13 0.13 0.13 0.13 0.13
Hospital insurance tax...... 0.76 0.76 0.76 0.77 0.77
FICA........................ 2.49 2.50 2.52 2.53 2.54
Indirect cost components:
Area delivery............... 9.58 9.63 9.68 9.73 9.78
Billing and collection...... 1.61 1.62 1.63 1.64 1.65
Agency level program 6.88 6.91 6.95 6.98 7.02
delivery...................
Agency level administrative 4.04 4.06 4.09 4.11 4.13
support....................
Central/department charges.. 2.55 2.57 2.58 2.59 2.60
Imputed Costs............... 16.23 16.31 16.39 16.48 16.56
Hourly ``raw'' rate......... 97.34 97.83 98.32 98.81 99.30
Hourly rate rounded......... 98.00 98.00 99.00 99.00 100.00
Quarter hour rate........... 24.50 24.50 24.75 24.75 25.00
----------------------------------------------------------------------------------------------------------------
Table 3--Proposed Overtime Rates for Commercial Airline Inspection Services Performed by an APHIS Employee
Outside of His or Her Normal Tour of Duty on Saturdays, Holidays, or Weekdays
----------------------------------------------------------------------------------------------------------------
[Effective
date of final Oct. 1, 2014- Oct. 1, 2015- Oct. 1, 2016- Beginning Oct.
Cost components rule]-Sept. Sept. 30, 2015 Sept. 30, 2016 Sept. 30, 2017 1, 2017
30, 2014
----------------------------------------------------------------------------------------------------------------
Direct cost components:
Employee's salary........... $39.80 $40.00 $40.20 $40.40 $40.60
Night differential.......... 0.10 0.10 0.10 0.10 0.10
Hospital insurance tax...... 0.57 0.57 0.57 0.58 0.58
FICA........................ 1.87 1.88 1.89 1.90 1.91
Indirect cost components:
Area delivery............... 7.19 7.22 7.26 7.30 7.33
Billing and collection...... 1.61 1.62 1.63 1.64 1.65
Imputed Costs............... 12.17 12.23 12.30 12.36 12.42
Hourly ``raw'' rate......... 63.30 63.62 63.94 64.26 64.58
Hourly rate rounded......... 64.00 64.00 64.00 65.00 65.00
Quarter hour rate........... 16.00 16.00 16.00 16.25 16.25
----------------------------------------------------------------------------------------------------------------
Table 4--Proposed Overtime Rates for Commercial Airline Inspection Services Performed by an APHIS Employee
Outside of his or her Normal Tour of Duty on Sundays
----------------------------------------------------------------------------------------------------------------
[Effective
date of final Oct. 1, 2014- Oct. 1, 2015- Oct. 1, 2016- Beginning Oct.
Cost components rule]-Sept. Sept. 30, 2015 Sept. 30, 2016 Sept. 30, 2017 1, 2017
30, 2014
----------------------------------------------------------------------------------------------------------------
Direct cost components:
Employee's salary........... $53.06 $53.33 $53.60 $53.86 $54.13
Night differential.......... 0.13 0.13 0.13 0.13 0.13
Hospital insurance tax...... 0.76 0.76 0.76 0.77 0.77
FICA........................ 2.49 2.50 2.52 2.53 2.54
Indirect cost components:
Area delivery............... 9.58 9.63 9.68 9.73 9.78
Billing and collection...... 1.61 1.62 1.63 1.64 1.65
Imputed costs............... 16.23 16.31 16.39 16.48 16.56
[[Page 22890]]
Hourly ``raw'' rate......... 83.87 84.29 84.71 85.13 85.56
Hourly rate rounded......... 84.00 85.00 85.00 86.00 86.00
Quarter hour rate........... 21.00 21.25 21.25 21.50 21.50
----------------------------------------------------------------------------------------------------------------
Direct Cost Components
Employee's Salary. The employee's salary covers APHIS' direct labor
costs for the pay an employee earns when he or she provides inspection,
laboratory testing, certification, or quarantine services outside of
his or her normal tour of duty. We used the estimated weighted average
salary of General Schedule (GS)-10 step 1 at all locations that
provided these services during FY 2014 to obtain a weighted average
salary of $55,371 per year. The salary of a GS-10 step 1 is the maximum
amount at which overtime is paid to an employee for performing these
services.
We divided the average salary of $55,371 by 2,087 employee hours
per year to obtain the average employee's salary amount of $26.53 per
hour during normal tour of duty hours.
An APHIS employee is paid 1.5 times the normal employee's salary
for services performed outside of his or her normal tour of duty on
Saturdays, holidays, or weekdays, and is paid twice the normal
employee's salary for those services performed on Sundays. Therefore,
we multiplied the average employee's salary of $26.53 per hour by 1.5
to obtain the FY 2014 employee's salary of $39.80 per hour for work
performed outside an employee's normal tour of duty on Saturdays,
holidays, and weekdays. We also multiplied the average employee's
hourly salary of $26.53 by two to obtain the FY 2014 employee's salary
of $53.06 per hour for those services performed outside of an
employee's normal tour of duty on Sundays.
Night Differential. The night differential covers the Agency's
costs for overtime work performed by an APHIS employee at night. This
consists of the pay earned by an employee above the basic rate for
regularly scheduled work performed at night between 6 p.m. and 6 a.m.,
and includes an employee's base pay, compensatory time, Sunday double
time, and ``over 40'' overtime pay for overtime work performed at
night.
To obtain the night differential portion of the overtime rates, we
estimated the percentage of total employee salary costs attributable to
the night differential costs during FY 2014. The estimated night
differential costs of $13,629 are 0.24 percent of the total average
employee salary costs of $5,582,990. This percentage was then applied
to the employee's salary for each overtime rate category. For example,
the night differential costs of $0.10 per hour for FY 2014 for work
performed on a holiday, Saturday, or weekday outside of an employee's
normal tour of duty equals the FY 2014 employee's salary of $39.80 per
hour for the same overtime rate category multiplied by 0.24 percent.
Personnel Benefits. Personnel benefits are limited to those
additional benefits that accrue to an APHIS employee as a result of the
employee performing services specifically during overtime periods.
These benefits are the hospital insurance tax and the FICA
contributions made by the Agency.
The hospital insurance tax and the FICA contributions cover APHIS'
costs for the U.S. Social Security System's Medicare Insurance and the
U.S. Social Security System's Old Age, Survivor, Death Insurance,
respectively. The hospital insurance tax is used to help pay for an
employee's hospital services during retirement. The Agency's FICA
contributions help pay for an employee's insurance when he or she is
eligible (usually at age 62), insurance for surviving spouses and/or
children of deceased employees, and a part of the Social Security
System's contribution to disability payments in certain cases.
Because the personnel benefits portion of the overtime rates cost
is limited to the hospital insurance tax and the FICA contributions
made by the Agency, a full-blown benefits percentage was not applied in
the same manner that a benefits percentage would be applied if those
services were provided during an employee's normal tour of duty. To
obtain the costs of the hospital insurance portion of the overtime
rates, we estimated the percentage of total employee salary costs
attributable to the hospital insurance tax costs in FY 2014. The
estimated hospital insurance tax costs of $79,583 are 1.43 percent of
the estimated employee salary costs of $5,582,991. This percentage was
then applied to the employee's salary for each overtime rate category.
For example, the hospital insurance tax amount of $0.57 per hour for FY
2014 for work performed by an employee on Saturdays, holidays, or
weekdays outside of his or her normal tour of duty equals the FY 2014
employee's salary of $39.80 per hour for the same overtime rate
category multiplied by 1.43 percent.
Similarly, to obtain the FICA portion of the overtime rates, we
estimated the percentage of total employee salary costs attributable to
the FICA costs during FY 2014. Estimated FICA costs of $263,579 are
4.69 percent of the estimated total employee salary costs of $5,582,991
in FY 2014. This percentage was then applied to the employee's salary
for each overtime rate category. For example, the FICA amount of $1.87
per hour for FY 2014 for work performed on Saturdays, holidays, or
weekdays by an employee outside of his or her normal tour of duty
equals the FY 2014 employee's salary of $39.80 per hour multiplied by
4.69 percent.
Indirect Cost Components
Area Delivery. Area delivery covers APHIS' costs for local clerical
and administrative activities; indirect labor hours (supervision of
personnel and time spent doing work that is not directly connected with
the services but that is nonetheless necessary); travel and
transportation for personnel; supplies, equipment, and other necessary
items; training; general supplies for offices, washrooms, cleaning,
etc.; contract services (such as guard service, maintenance, trash
pickup, etc.); grounds maintenance; and utilities. Utilities include
water, telephone, electricity, gas, heating, and oil. These costs are
accumulated in a distributable account and an appropriate amount is
charged to the overtime rates account throughout the year.
To obtain the area delivery costs portion of the overtime rates, we
estimated the percentage of total employee salary costs attributable to
the area delivery costs in FY 2014. The estimated area delivery costs
of $1,008,258 are 18.06 percent of the
[[Page 22891]]
estimated employee salary costs of $5,582,991 in FY 2014. This
percentage was then applied to the employee's salary for each overtime
rate category. For example, the area delivery amount of $7.19 per hour
for FY 2014 for work performed on a holiday, Saturday, or weekday
outside of an employee's normal tour of duty equals the estimated FY
2014 salary of $39.80 per hour for the same overtime rate category
multiplied by 18.06 percent.
Billings and Collections. The billings and collections portion of
the overtime rates covers APHIS' costs for physically billing and
collecting for services covered by the overtime rates. Billing costs
are the costs of managing user fee accounts for our customers.
Collections expenses include the costs of managing customer payments
and accurately reflecting those payments in our accounting system.
To calculate the billings and collections portion of the overtime
rates, we estimated our billings and collections costs for FY 2014
through FY 2018 by identifying the specific employees who provide
billing and collection services and estimating the percentage of time
each of those employees will spend on user fee billings and collections
for inspection, laboratory testing, or quarantine services performed by
an APHIS employee on a Sunday, holiday, or any other time outside of
the employee's normal tour of duty. We then added related billings and
collections costs, such as credit bureau costs, mailing costs,
materials, printing costs, and the cost of our accounting system.
Imputed Costs. Imputed costs include Office of Worker's
Compensation costs from the Department of Labor; costs of employee
leave earned in a prior fiscal year and used in the current fiscal
year; headquarters space operation and maintenance costs; Office of
Personnel Management and State Department costs to provide retirement,
health, and life insurance benefits to employees; unemployment
compensation costs; and Department of Justice judgment fund costs.
Collections for the part of the fee for imputed costs is not retained
in the reimbursable overtime account but is forwarded to the U.S.
Treasury in accordance with the Office of Management and Budget (OMB)
Circular A-25, User Charges,\1\ Government Accountability Office
guidance, and U.S. Department of Agriculture (USDA) Departmental
Regulations.
---------------------------------------------------------------------------
\1\ OMB Circular A-25, User Charges is available on the Internet
at https://www.whitehouse.gov/omb/circulars_a025.
---------------------------------------------------------------------------
To calculate the imputed costs portion of the overtime rates, we
estimated the reimbursable overtime's portion of the FY 2014 APHIS
imputed costs. The estimated imputed costs of $1,707,714 are 30.59
percent of the estimated employee salary costs of $5,582,991. This
percentage was then applied to the employee's salary for each overtime
rate category. For example, the imputed costs amount of $12.17 per hour
for FY 2014 for work performed on a holiday, Saturday, or weekday
outside of an employee's normal tour of duty equals the estimated FY
2014 salary of $39.80 per hour for the same overtime rate category
multiplied by 30.59 percent.
Agency Level Program Delivery. Agency level program delivery costs
are management support costs the APHIS programs incur at APHIS'
headquarters and includes the costs of management support staffs;
planning, finance and strategy work; program directors' offices; and
program regional offices. We used the APHIS standard overhead rate of
10.17 percent to calculate this cost component for the appropriate
reimbursable overtime rates.
Agency Level Administrative Support. Agency level administrative
support includes the pro-rata share of the costs of certain Agency
activities, including budget and accounting services, regulatory and
legal services, Administrator's office costs, personnel services,
public information services, and liaison with Congress. We used the
APHIS standard agency support costs rate of 5.98 percent to calculate
this cost component for the appropriate reimbursable overtime rates.
Central/Departmental Charges. This component includes APHIS' share,
expressed as a percentage of the total cost, of services provided
centrally by the USDA. Services that the USDA provides centrally
include the Federal Telephone Service, mail, National Finance Center
processing of payroll and other money management, unemployment
compensation, Office of Workers Compensation Programs, and central
supply for storing and issuing commonly used supplies and USDA forms.
The USDA notifies APHIS how much the Agency owes for these services. We
have included a pro-rata share of these USDA charges that is
attributable to overtime services of 3.25 percent for the calculation
of the appropriate reimbursable overtime rates.
Costs for Agency level program delivery, agency level
administrative support, and central/departmental charges are not
included in our calculations for commercial airline inspection services
performed by an APHIS employee outside of his or her normal tour of
duty on Saturdays, holidays, weekdays, or Sundays. Those inspections
are administered under the Airport and Airway Development Act of 1970,
which limits the rate to be charged after normal tour of duty hours to
only the cost actually incurred in performing the inspection, and
includes the cost of employee salary, benefits, night differential,
hospital insurance tax, FICA, area delivery, billing and collection,
and unfunded leave costs only.
As is the case with all APHIS user fees, we intend to review, at
least annually, the activities, programs, and fee assumptions for the
user fees proposed in this document. We will publish any necessary
adjustments in the Federal Register.
Hourly Overtime Rates
The regulations in 7 CFR 354.1(a)(1) and 9 CFR 97.1(a) contain the
hourly overtime rates charged to any person, firm, or corporation
having ownership, custody, or control of animals, poultry, animal
byproducts, germ plasm, organisms, vectors, plants, plant products, or
other regulated commodities subject to inspection, laboratory testing,
certification, or quarantine under the regulations. We are proposing to
amend 7 CFR 354.1(a)(1) and 9 CFR 97.1(a) to reflect the hourly
overtime rates that would be charged for fiscal years 2014 through
2018. The table below shows the current and proposed hourly overtime
rates.
[[Page 22892]]
Table 5--Current and Proposed Overtime Rates
[Per Hour]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal year
Outside -----------------------------------------------------------------------------------------------------
employee's normal [Effective date
tour of duty Current rate of final rule] Oct. 1, 2014- Oct. 1, 2015- Oct. 1, 2016- Beginning Oct.
Sept. 30, 2014 Sept. 30, 2015 Sept. 30, 2016 Sept. 30, 2017 1, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection, testing, Monday-Saturday $51 $74 $74 $75 $75 $75
certification, or quarantine and holidays. 67 98 98 99 99 100
of animals and animal or Sundays..........
agricultural products.
Commercial airline inspection Monday-Saturday 41 64 64 64 65 65
services. and holidays.
Sundays.......... 55 84 85 85 86 86
--------------------------------------------------------------------------------------------------------------------------------------------------------
These changes to the hourly overtime rates are the only substantive
changes this proposed rule would make to the regulations in 7 CFR
354.1(a)(1) and 9 CFR 97.1(a) regarding overtime rates. Other
provisions of the overtime rates for inspection, laboratory testing,
certification, and quarantine services performed outside of an
employee's normal tour of duty would continue to apply if these
proposed overtime rates were made effective.
In addition to those overtime fees described above, APHIS also
charges user fees for certain other services. The regulations in 7 CFR
part 354 and 9 CFR part 130 set out user fees for other inspection and
quarantine services provided by APHIS for the import and export of
plants, plant products, animals, animal byproducts, or other regulated
commodities or articles. The user fees would not be affected by the
overtime rate changes proposed in this rule. However, users who request
import- or export-related services that are covered by flat rate user
fees on a Sunday, holiday, or any time outside of an employee's normal
tour of duty, and who are subject to the overtime rates set forth in 7
CFR 354.1 or 9 CFR 97.1, would be charged the hourly overtime rate
changes proposed in this rule, in addition to the flat rate user fees.
The overtime rates charged to users who request flat rate user fee
services are set out in the table in 9 CFR 130.50(b)(3)(i). We would,
therefore, amend the table in Sec. 130.50(b)(3)(i) to reflect the
overtime rates in proposed 7 CFR 354.1 and 9 CFR 97.1.
Department of Homeland Security Inspection Overtime Fees
We are also proposing to include language in 7 CFR 354.1, 9 CFR
97.1, and 9 CFR 130.50 to clarify that any agricultural inspection
performed by an employee of the Department of Homeland Security (DHS)
Bureau of Customs and Border Protection on a Sunday, holiday, or
anytime outside of the employee's normal tour of duty may be billed in
accordance with the regulations in 5 CFR part 551, 7 CFR 354.1, 9 CFR
97.1, 9 CFR 130.50, or 19 CFR 24.16. This action is necessary because
the costs associated with such DHS inspections may differ from those
incurred by APHIS, therefore, varying overtime charges may apply in
such circumstances in order for DHS to properly recover costs and
adequately fund program operations.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule is subject to Executive Order 12866. However,
for this action, the Office of Management and Budget has waived its
review under Executive Order 12866.
We have prepared an initial regulatory flexibility analysis that
examines the potential economic effects of this proposed rule on small
entities, as required by the Regulatory Flexibility Act. The economic
analysis is summarized below. Copies of the full analysis are available
by contacting the person listed under FOR FURTHER INFORMATION CONTACT
or on the Regulations.gov Web site (see ADDRESSES above for
instructions for accessing Regulations.gov).
Based on the information we have, there is no reason to conclude
that adoption of this proposed rule would result in any significant
economic effect on a substantial number of small entities. However, we
do not currently have all of the data necessary for a comprehensive
analysis of the effects of this proposed rule on small entities.
Therefore, we are inviting comments on potential effects. In
particular, we are interested in determining the number and kind of
small entities that may incur benefits or costs from the implementation
of this proposed rule.
APHIS charges hourly overtime rates to individuals, firms, and
corporations requesting inspection, testing, certification, or
quarantine services at laboratories, border ports, ocean ports, rail
ports, quarantine facilities, and airports outside of the regularly
established hours of service. These overtime rates are charged to the
individuals, firms, or corporations requesting the services, and the
fees vary depending on the type of service performed and when the
service is provided. This proposed rule would amend the user fees for
reimbursable overtime user fees to reflect increases in costs
associated with providing these services.
APHIS is updating these fees to take into account the routine
increases in the cost of conducting business during overtime hours. The
cost to the import/export program to provide these services has
increased year to year, and these proposed increases are necessary to
more accurately provide the full cost recovery of this Agency activity.
Currently, APHIS charges $51 per hour per employee for work other
than inspection of a commercial aircraft outside the employee's regular
tour of duty, and $67 per hour per employee for work other than
inspection of a commercial aircraft that is performed on Sundays
outside the employee's regular tour of duty. APHIS charges $55 per hour
per employee for inspection of a commercial aircraft performed outside
of the employee's normal tour of duty on a Sunday, and $41 per hour per
employee for inspection of a
[[Page 22893]]
commercial aircraft performed outside of the regularly established
hours of service on a holiday or any other period. This proposed rule
change would establish hourly overtime rates for each of the fiscal
years 2014 through 2018. These rates would increase over a 5-year
period by $24 for regular work other than inspection of a commercial
aircraft, by $33 for Sunday work other than inspection of a commercial
aircraft, by $24 for regular inspection of a commercial aircraft, and
by $31 for Sunday inspection of a commercial aircraft.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) No
retroactive effect will be given to this rule; and (2) administrative
proceedings will not be required before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects
7 CFR Part 354
Animal diseases, Exports, Government employees, Imports, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Travel and transportation expenses.
9 CFR Part 97
Exports, Government employees, Imports, Livestock, Poultry and
poultry products, Travel and transportation expenses.
9 CFR Part 130
Animals, Birds, Diagnostic reagents, Exports, Imports, Poultry and
poultry products, Quarantine, Reporting and recordkeeping requirements,
Tests.
Accordingly, we propose to amend 7 CFR part 354 and 9 CFR parts 97
and 130 as follows:
Title 7
PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND
USER FEES
0
1. The authority citation for part 354 continues to read as follows:
Authority: 7 U.S.C. 7701-7772, 7781-7786, and 8301-8317; 21
U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3.
0
2. Section 354.1 is amended as follows:
0
a. By revising paragraph (a)(1) introductory text, including the table.
0
b. In paragraph (a)(1)(i), by removing the words ``the Customs Service,
Immigration and Naturalization Service'' and adding the words ``U.S.
Customs and Border Protection'' in their place.
0
c. By revising the table in paragraph (a)(1)(iii).
0
d. In paragraph (a)(2), by removing the word ``A'' in the first
sentence and adding the words ``Except as provided in paragraph (a)(3)
of this section, a'' in its place.
0
e. By adding paragraph (a)(3).
0
f. In paragraphs (a)(2), (b), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1),
(e)(2), (e)(4), and (f), by adding the words ``or U.S. Customs and
Border Protection'' after the words ``Animal and Plant Health
Inspection Service'' each time they appear.
The addition and revisions read as follows:
Sec. 354.1 Overtime work at border ports, sea ports, and airports.
(a)(1) Any person, firm, or corporation having ownership, custody,
or control of plants, plant products, animals, animal byproducts, or
other commodities or articles subject to inspection, laboratory
testing, certification, or quarantine under this chapter and subchapter
D of chapter I, title 9 CFR, who requires the services of an employee
of the Animal and Plant Health Inspection Service or U.S. Customs and
Border Protection on a Sunday or holiday, or at any other time outside
the regular tour of duty of that employee, shall sufficiently in
advance of the period of Sunday, holiday, or overtime service request
the Animal and Plant Health Inspection Service or U.S. Customs and
Border Protection inspector in charge to furnish the service during the
overtime or Sunday or holiday period, and shall pay the Government at
the rate listed in the following table, except as provided in
paragraphs (a)(1)(i), (ii), and (iii), and (a)(3) of this section:
Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Plant, Plant Products, Animals,
Animal Products or Other Regulated Commodities
----------------------------------------------------------------------------------------------------------------
Overtime rates (per hour)
-------------------------------------------------------------------------------
Outside the employee's normal [Effective
tour of duty date of final Oct. 1, 2014- Oct. 1, 2015- Oct. 1, 2016- Beginning Oct.
rule]-Sept. Sept. 30, 2015 Sept. 30, 2016 Sept. 30, 2017 1, 2017
30, 2014
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and $74 $74 $75 $75 $75
holidays.......................
Sundays......................... 98 98 99 99 100
----------------------------------------------------------------------------------------------------------------
* * * * *
(iii) * * *
Overtime for Commercial Airline Inspection Services \1\
----------------------------------------------------------------------------------------------------------------
Overtime rates (per hour)
-------------------------------------------------------------------------------
Outside the employee's normal [Effective
tour of duty date of final Oct. 1, 2014- Oct. 1, 2015- Oct. 1, 2016- Beginning Oct.
rule]-Sept. Sept. 30, 2015 Sept. 30, 2016 Sept. 30, 2017 1, 2017
30, 2014
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and $64 $64 $64 $65 $65
holidays.......................
[[Page 22894]]
Sundays......................... 84 85 85 86 86
----------------------------------------------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.
* * * * *
(3) The overtime rate and all other charges, including minimum and
commute compensation charges, to be billed for services provided by an
employee of U.S. Customs and Border Protection shall be established and
charged according to the provisions of this section, 5 CFR part 551, or
19 CFR 24.16.
* * * * *
Title 9
PART 97--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS
0
3. The authority citation for part 97 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 49 U.S.C. 80503; 7 CFR 2.22,
2.80, and 371.4.
0
4. Section 97.1 is amended as follows:
0
a. By revising paragraph (a) introductory text, including the table.
0
b. In paragraph (a)(1), by removing the words ``the Customs Service,
Immigration and Naturalization Service'' and adding the words ``U.S.
Customs and Border Protection'' in their place.
0
c. By revising the table in paragraph (a)(3).
0
d. By adding paragraph (a)(4).
0
e. In paragraphs (a) introductory text, (b), (d)(1), (d)(2), (d)(3),
(d)(4), (e)(1), (e)(2), (e)(4), and (f), by adding the words ``or U.S.
Customs and Border Protection'' after the words ``Animal and Plant
Health Inspection Service'' each time they appear.
The addition and revisions read as follows:
Sec. 97.1 Overtime work at laboratories, border ports, ocean ports,
and airports.\1\
---------------------------------------------------------------------------
\1\ For designated ports of entry for certain animals, animal
semen, poultry, and hatching eggs, see Sec. Sec. 93.102, 93.203,
93.303, 93.403, 93.503, 93.703, and 93.805 of this chapter. For
designated ports of entry for certain purebred animals see
Sec. Sec. 151.1 through 151.3 of this chapter.
---------------------------------------------------------------------------
(a) Any person, firm, or corporation having ownership, custody, or
control of animals, animal byproducts, or other commodities or articles
subject to inspection, laboratory testing, certification, or quarantine
under this subchapter and subchapter G of this chapter, and who
requires the services of an employee of the Animal and Plant Health
Inspection Service or U.S. Customs and Border Protection on a Sunday or
holiday, or at any other time outside the regular tour of duty of the
employee, shall sufficiently in advance of the period of Sunday,
holiday, or overtime service request the Animal and Plant Health
Inspection Service or U.S. Customs and Border Protection inspector in
charge to furnish the service and shall pay the Government at the rate
listed in the following table, except as provided in paragraphs (a)(1),
(a)(2), (a)(3), and (a)(4) of this section:
Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Plant, Plant Products, Animals,
Animal Products or Other Regulated Commodities
----------------------------------------------------------------------------------------------------------------
Overtime rates (per hour)
-------------------------------------------------------------------------------
Outside the employee's normal [Effective
tour of duty date of final Oct. 1, 2014- Oct. 1, 2015- Oct. 1, 2016- Beginning Oct.
rule]-Sept. Sept. 30, 2015 Sept. 30, 2016 Sept. 30, 2017 1, 2017
30, 2014
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and $74 $74 $75 $75 $75
holidays.......................
Sundays......................... 98 98 99 99 100
----------------------------------------------------------------------------------------------------------------
* * * * *
(3) * * *
Overtime for Commercial Airline Inspection Services \1\
----------------------------------------------------------------------------------------------------------------
Overtime rates (per hour)
-------------------------------------------------------------------------------
Outside the employee's normal [Effective
tour of duty date of final Oct. 1, 2014- Oct. 1, 2015- Oct. 1, 2016- Beginning Oct.
rule]-Sept. Sept. 30, 2015 Sept. 30, 2016 Sept. 30, 2017 1, 2017
30, 2014
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and $64 $64 $64 $65 $65
holidays.......................
Sundays......................... 84 85 85 86 86
----------------------------------------------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.
* * * * *
(4) The overtime rate and all other charges, including minimum and
commute compensation charges, to be billed for services provided by an
employee of U.S. Customs and Border Protection shall be established and
charged according to the provisions of
[[Page 22895]]
this section, 5 CFR part 551, or 19 CFR 24.16.
* * * * *
PART 130--USER FEES
0
5. The authority citation for part 130 continues to read as follows:
Authority: 5 U.S.C. 5542; 7 U.S.C. 1622 and 8301-8317; 21
U.S.C. 136 and 136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7
CFR 2.22, 2.80, and 371.4.
0
6. Section 130.50 is amended as follows:
0
a. In paragraph (b)(3) introductory text, by removing the words ``or
(ii)'' and adding the words ``, (ii), or (iii)'' in their place.
0
b. By revising the table in paragraph (b)(3)(i).
0
c. By adding paragraph (b)(3)(iii).
The addition and revision read as follows:
Sec. 130.50 Payment of user fees.
* * * * *
(b) * * *
(3) * * *
(i) * * *
Overtime for Flat Rate User Fees 1 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Overtime rates (per hour)
-------------------------------------------------------------------------------
Outside of the employee's [Effective
normal tour of duty date of final Oct. 1, 2014- Oct. 1, 2015- Oct. 1, 2016- Beginning Oct.
rule]-Sept. Sept. 30, 2015 Sept. 30, 2016 Sept. 30, 2017 1, 2017
30, 2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rate for inspection, testing, Monday-Saturday and holidays $74 $74 $75 $75 $75
certification or quarantine of animals, Sundays..................... 98 98 99 99 100
animal products or other commodities.3
Rate for commercial airline inspection Monday-Saturday and holidays 64 64 64 65 65
services.4
Sundays..................... 84 85 85 86 86
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Minimum charge of 2 hours, unless performed on the employee's regular workday and performed in direct continuation of the regular workday or begun
within an hour of the regular workday.
2 When the 2-hour minimum applies, you may need to pay commuted travel time. (See Sec. 97.1(b) of this chapter for specific information about commuted
travel time.)
3 See Sec. 97.1(a) of this chapter or 7 CFR 354.3 for details.
4 See Sec. 97.1(a)(3) of this chapter for details.
* * * * *
(iii) For information on rules pertaining to the charges associated
with employees of U.S. Customs and Border Protection performing
agricultural inspection services, please see 7 CFR 354.1 and 9 CFR
97.1.
* * * * *
Done in Washington, DC, this 21st day of April 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-09463 Filed 4-24-14; 8:45 am]
BILLING CODE 3410-34-P
